On the day BAe Systems officially closed its Dunsfold site, Waverley Council announced its decision to lodge an appeal against the High Court judicial review judgment.

The judgment reversed planning decisions taken by the council in April removing the return to agriculture condition and enabling a similar operator to take over the airfield. Council leader, Bernard Foulkes, said that as the local planning authority, Waverley has to retain its independence and has a statutory duty to take decisions in the best interests of not only local residents but of the wider community.

"We have been advised that there are significant flaws in the judgment and we have to resolve matters so that we have a firmer planning position from which to establish the future of the site.

"BAe themselves, were given leave to appeal but we have different interests and it is important that we are able to explore them independently. We need to establish what the robust lawful planning position is to protect the long-term interests of the area."

The council has been quick to refute any suggestion that its legal action has been subsidised by BAe. "We are pursuing this appeal in an independent manner both financially and legally," Waverley's planning and development manager, Steve Thwaites, stressed. "We both have different interests and different courses to follow."

Responding to concern about the cost of the legal battle, Mr Thwaites said the money would be found from within the budget. "We consider the appeal needed to be pursued," he said. "This is an appropriate time to get a definitive view of the planning status of the site from the Court of Appeal."